STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, NOVEMBER 14, 2006, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION – Meeting was called to order at 9:04 a.m.

Present: Supervisors Bill Horn, Chairman; Ron Roberts, Vice-Chairman; Greg Cox; Dianne Jacob; Pam Slater-Price; also Thomas J. Pastuszka, Clerk.

Invocation was led by John Culea of the Emmanuel Faith Church in Escondido.

Pledge of Allegiance was led by Mike Elsten.

Approval of Statement of Proceedings/Minutes for the Meetings of October 24, 2006 and October 31, 2006

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of

October 24, 2006 and October 31, 2006.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

11/14/06 1

Category / Agenda No. / Subject
Public Safety / 1. / INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 16, SEX OFFENDER LOITERING ORDINANCE, TO TITLE 3, DIV. 2 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES
2. / ELECTRONIC MONITORING OF DUI OFFENDERS IN SAN DIEGO COUNTY
3. / DISTRICT ATTORNEY – INSURANCE FRAUD GRANT PROGRAMS
(4 VOTES)
4. / SHERIFF’S ACCEPTANCE OF 2006 DNA CAPACITY ENHANCEMENT AND 2006 FORENSIC CASEWORK DNA BACKLOG REDUCTION PROGRAM GRANTS
[FUNDING SOURCE(S): U.S. DEPARTMENT OF JUSTICE AND OFFICE OF JUSTICE PROGRAMS]
(4 VOTES)
5. / SHERIFF’S DEPARTMENT REQUEST FOR PROCUREMENT OF AN UPGRADE TO THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
[FUNDING SOURCE(S): REVENUE FROM THE SHERIFF’S FINGERPRINT ID TRUST FUND]
(4 VOTES)
6. / SHERIFF’S DEPARTMENT REQUEST FOR PROPOSAL FOR ADVERTISING SERVICES
[FUNDING SOURCE(S): GENERAL PURPOSE REVENUE]
7. / MOVING BEYOND REVERSE 9-1-1 TO THE NEXT GENERATION OF COMMUNITY NOTIFICATION TECHNOLOGY
8. / URGENCY ORDINANCE AMENDING SOCIAL HOST ORDINANCE TO CORRECT NUMBERING TO SUBDIVISION REFERENCES
(4 VOTES)
Health & Human Services / 9. / FY 2006-07 CERTIFICATION STATEMENTS FOR CHILD HEALTH AND DISABILITY PREVENTION AND CALIFORNIA CHILDREN’S SERVICES PROGRAMS [FUNDING SOURCE(S): STATE GENERAL FUND, FEDERAL TITLE XIX, AND HEALTH REALIGNMENT]
10. / ACCEPTANCE OF CHILD WELFARE SERVICES OUTCOME IMPROVEMENT PROJECT (CWSOIP) FUNDS [FUNDING SOURCE: CHILD WELFARE SERVICES OUTCOME IMPROVEMENT PROJECT AWARD FROM THE STATE]
(4 VOTES)
Community Services / 11. / CONTINUED NOTICED PUBLIC HEARING:
TO CONSIDER RESPONSES TO REQUEST FOR PROPOSALS TO DEVELOP THE COUNTY OPERATIONS CENTER ANNEX/COUNTY OPERATIONS CENTER
(CARRYOVER ITEM FROM 9/26/06,
AGENDA NO. 9)
12. / APPOINTMENTS TO DISTRICT AND COMMUNITY PLANNING AREA BOARDS
Financial & General Government / 13. / ALLOCATION OF DISTRICT TWO COMMUNITY PROJECT FUNDS (DISTRICT: 2)
[FUNDING SOURCE(S): FY 06-07 DISTRICT TWO COMMUNITY PROJECTS]
14. / LOCAL COMMUNITY PROJECTS GRANTS (DISTRICT: 3)
[FUNDING SOURCE: COMMUNITY PROJECTS BUDGET (ORG 0263)]
15. / PROVIDING TAX RELIEF TO HOMEOWNERS INSTALLING FIRE SPRINKLER SYSTEMS
16. / PROVIDING PUBLIC ACCESS WIRELESS INTERNET FOR SAN DIEGO COUNTY CUSTOMERS
17. / LOCAL COMMUNITY PROJECTS (DISTRICT: 1)
18. / NOTICED PUBLIC HEARING:
ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY ON BEHALF OF THE SOUTHERN CALIFORNIA PRESBYTERIAN HOMES
19. / FINANCING DOCUMENTS FOR THE EDGEMOOR SKILLED NURSING FACILITY
(4 VOTES)
Communications Received / 20. / COMMUNICATIONS RECEIVED
Appointments / 21. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Closed Session / 22. / CLOSED SESSION
Presentations/Awards / 23. / PRESENTATIONS/AWARDS
Public Communication / 24. / PUBLIC COMMUNICATION

11/14/06 25

1. / SUBJECT: / INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 16, SEX OFFENDER LOITERING ORDINANCE, TO TITLE 3, DIV. 2 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES (DISTRICT: ALL)
OVERVIEW:
There are more than 4,000 registered sex offenders in San Diego County, the vast majority not on probation or parole. While living in our communities, these individuals adhere to just one restriction: each must register a home address once a year or whenever they change addresses. Sadly, many sex offenders who are required to register have disobeyed the law and have failed to do so. Experts believe that there is no “cure” for sex offenders and recidivism rates remain disturbingly high. Experts also warn that sex offenders, particularly child predators, frequent areas where potential victims are present. Individuals already convicted of heinous crimes against children cannot be allowed to loiter around schools, parks and childcare centers, preying on additional victims.
Currently, there is no State law or County ordinance that prohibits those who are required to register as sex offenders from loitering around places where children typically congregate. Several cities in the region have already adopted ordinances to address this vulnerability. The County also needs to take action to protect children and families in the unincorporated area.
Today’s action brings before the Board of Supervisors an ordinance that prohibits those who are required to register as sex offenders from loitering on or within 300 feet of public or private schools, parks and other child-oriented locations with the intent to commit a criminal act. This action will add to the San Diego County Code of Regulatory Ordinances, Title 3, Division 2, a new Chapter 16 entitled “Sex Offender Loitering Ordinance.”
FISCAL IMPACT:
There is no fiscal impact associated with this request
RECOMMENDATION:
SUPERVISOR JACOB AND SUPERVISOR COX
Approve introduction (first reading) of ordinance; read title and waive further reading of ordinance (MAJORITY VOTE):
AN ORDINANCE ADDING CHAPTER 16, SEX OFFENDER LOITERING ORDINANCE, SECTIONS 32.1601, 32.1602 and 32.1603 TO THE COUNTY OF SAN DIEGO REGULATORY ORDINANCES RELATING TO PROHIBITING SEX OFFENDERS FROM LOITERING
Submit ordinance for further Board consideration and adoption (second reading) on December 5, 2006.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, submitting Ordinance for further consideration and adoption on December 5, 2006.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / ELECTRONIC MONITORING OF DUI OFFENDERS IN SAN DIEGO COUNTY (DISTRICT: ALL)
OVERVIEW:
Driving while under the influence of alcohol continues to be a major contributor to traffic crashes and deaths in San Diego County.
It is imperative that we as a County do all that we can to curtail the senseless loss of life and injury that comes from irresponsible people who decide to drive while under the influence of alcohol. A promising new device has been shown to help law enforcement better monitor DUI offenders, particularly repeat DUI offenders. Alcohol-detecting electronic ankle bracelets pro-actively deter offenders from getting behind the wheel and causing injury or death.
Today’s action will direct the Chief Administrative Officer to work with the Sheriff, District Attorney, and the Probation Department to investigate the feasibility of implementing an alcohol-detecting electronic ankle bracelet monitoring program for DUI offenders in San Diego County and to return to the Board in 90 days with recommendations and options for such a program.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
RECOMMENDATION:
SUPERVISOR JACOB
Direct the Chief Administrative Officer to work with the Sheriff, District Attorney, and the Probation Department to investigate the feasibility of implementing an electronic alcohol-detecting ankle bracelet program for DUI offenders in San Diego County and to return to the Board in 90 days with recommendations and options for such a program.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board took action as recommended.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / DISTRICT ATTORNEY – INSURANCE FRAUD GRANT PROGRAMS (DISTRICT: ALL)
OVERVIEW:
This is a request to ratify the submission and approve the acceptance of five grant applications totaling $7,035,480 from the State of California, Department of Insurance. The Workers’ Compensation Fraud Program ($3,995,480), Automobile Insurance Fraud Program ($1,000,000), and the Disability and Health Insurance Fraud Program ($450,000) grants are for the period July 1, 2006 through June 30, 2007. The Life and Annuity Insurance Fraud Program ($300,000) grant period is July 1, 2006 through June 30, 2008, and the Organized Auto Insurance Fraud Program ($1,290,000) grant period is July 1, 2006 through June 30, 2009.
FISCAL IMPACT:
Partial funds for this request are included in the Fiscal Year 2006-07 Operational Plan in the amount of $5,450,528 and in Fiscal Year 2007-08 in the amount of $5,587,499. The additional appropriations for Fiscal Year 2006-07 costs and revenue totaling $929,500 of new grant funds for FY 06-07 plus $20,000 carried from previous years, for one-time costs, are included in this letter. No County match is required for these grants. If approved, this request will result in the addition of no additional staff years. The department will reclassify and fund vacant unfunded positions to accommodate the staffing needs.
RECOMMENDATION:
DISTRICT ATTORNEY
1.  Waive Board Policy A-91, Mid Year Budget Changes.
2.  Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department responsibility for cost recovery, which requires full cost recovery for grants and prior approval of the submission of grant applications.
3.  Establish appropriations of $929,500 in the District Attorney’s Office for Salaries and Benefits ($909,500), and Fixed Assets ($20,000), including one grant funded vehicle for the Urban Auto Theft Program based on grant revenue from the California Department of Insurance in Fiscal Year 2006-07. (4 VOTES)
4.  Adopt a resolution entitled “A Resolution of the Board of Supervisors of the County of San Diego Relating to the Workers’ Compensation Insurance Fraud Program,” and authorize the execution of the agreements by the District Attorney, including extensions and amendments thereof that do not materially impact or alter either the grant program or funding level.
5.  Adopt a resolution entitled “A Resolution of the Board of Supervisors of the County of San Diego Relating to the Automobile Fraud Insurance Program,” and authorize the execution of the agreements by the District Attorney, including extensions and amendments thereof that do not materially impact or alter either the grant program or funding level.
6.  Adopt a resolution entitled “A Resolution of the Board of Supervisors of the County of San Diego Relating to the Disability and Health Insurance Fraud Program,” and authorize the execution of the agreements by the District Attorney, including extensions and amendments thereof that do not materially impact or alter either the grant program or funding level.
7.  Adopt a resolution entitled “A Resolution of the Board of Supervisors of the County of San Diego Relating to the Life and Annuity Insurance Fraud Program,” and authorize the execution of the agreements by the District Attorney, including extensions and amendments thereof that do not materially impact or alter either the grant program or the funding level.
8.  Adopt a resolution entitled “A Resolution of the Board of Supervisors of the County of San Diego Relating to the Organized Auto Insurance Fraud Program,” and authorize the execution of the agreements by the District Attorney, including extensions and amendments thereof that do not materially impact or alter either the grant program or funding level.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 06-217 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE WORKERS’ COMPENSATION INSURANCE FRAUD PROGRAM; Resolution No 06-218 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE AUTOMOBILE INSURANCE FRAUD PROGRAM; Resolution No. 06-219 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE DISABILITY AND HEALTHCARE INSURANCE FRAUD PROGRAM; Resolution No. 06-220 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE LIFE AND ANNUITY CONSUMER PROTECTION PROGRAM, and Resolution No. 06-221 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE ORGANIZED AUTOMOBILE FRAUD ACTIVITY INTERDICTION PROGRAM.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / SHERIFF’S ACCEPTANCE OF 2006 DNA CAPACITY ENHANCEMENT AND 2006 FORENSIC CASEWORK DNA BACKLOG REDUCTION PROGRAM GRANTS
(DISTRICT: ALL)
OVERVIEW:
This is a request to ratify the submission and authorize the acceptance of two grants administered by the U.S. Department of Justice’s Office of Justice Programs (OJP) totaling $315,845. The grants, the 2006 DNA Capacity Enhancement Program and the 2006 Forensic Casework DNA Backlog Reduction Program, will augment the Sheriff’s Crime Lab’s current Deoxyribonucleic Acid (DNA) analysis capabilities and facilities. The grant funding will aid in reducing the turnaround time on DNA cases awaiting analysis and examining evidence from unsolved homicide cases, some of which date back several years.
FISCAL IMPACT:
Funds for this request are not budgeted in the Fiscal Year 2006-07 Operational Plan. The funding source is the U.S. Department of Justice, Office of Justice Programs. If approved, this request will result in $315,845 current year costs and revenue and will require the addition of no staff years. There is no local match for these funds.
RECOMMENDATION:
SHERIFF
1.  Waive Board Policy A-91, Mid-Year Budget Changes.
2.  Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery for grants and that Board approval be given in advance of application for funds.
3.  Ratify the Sheriff’s Department’s submission and authorize the acceptance of a $167,652 grant through the 2006 DNA Capacity Enhancement Program and a $148,193 grant through the 2006 Forensic Casework DNA Backlog Reduction Program for the period of October 1, 2006 through September 30, 2007.
4.  Establish appropriations of $315,845 in the Sheriff’s Department based on unanticipated grant revenue from two grants from the Office of Justice Programs totaling $315,845. (4 VOTES)
5.  Authorize the Sheriff to execute the acceptance of the 2006 DNA Capacity Enhancement Program grant and the 2006 Forensic Casework DNA Backlog Reduction Program grant, and any extensions, amendments, or revisions thereof that do not materially impact or alter the grant programs or funding level.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / SHERIFF’S DEPARTMENT REQUEST FOR PROCUREMENT OF AN UPGRADE TO THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (DISTRICT: ALL)
OVERVIEW:
On May 19, 2006, the San Diego County Cal-ID/Remote Access Network (RAN) Board, a county-wide advisory board that makes recommendations on the distribution of the Cal-ID funds, authorized the procurement of an Automated Fingerprint Identification System (AFIS) upgrade with funding from the Sheriff’s Fingerprint ID Trust Fund. The AFIS is a computerized network that stores and processes fingerprint and palm images. The Sheriff’s Department has a contract with NEC Corporation of America for AFIS maintenance that was executed on July 21, 1998 (12), and expires on April 15, 2009. This is a request to amend the existing contract with NEC for procurement of an upgrade to AFIS.